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The Suitable For The Law Of ECOWAS In Member State

Posted on:2014-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q LuoFull Text:PDF
GTID:2256330401489987Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the increasing development of the social economy and science andtechnology, technical investigation, with the advantages of high-tech, concealment,objectivity, more and more countries valued, is widely used in the criminalinvestigation. March14,2012vote by the new Code of Criminal Procedure, technicalinvestigation officially written to the Criminal Procedure Law, opened a new chapterin the development of our technical investigation system. Technical investigationrefers to the investigative organs (including the public security organs, state securityorgans, procuratorial organs) for a range of crime, to the facts of the case or to arrestthe suspect, the defendant, in the conventional investigative techniques difficult toachieve investigative purposes, in accordance with the law as a means of high-techsecret investigation activities. At present, China the technical investigation legislativemainly relates to the type of technical investigation, the scope of application andapproval procedures applicable deadline, the evidence is material and confidentialsystem. Which provides a legal basis for the application of the technical investigation.But there are still some shortcomings, such as some of the legal provisions ambiguous;applicable object requirement is unreasonable; implementation of the subject is toonarrow; operating procedures require careful; supervision is not in place; punishmentmechanisms are inadequate. Above shortcomings are likely to affect the application ofthe technical investigation in the judicial practice. Made to the Code of CriminalProcedure that a cloak of legitimacy ", our technical investigation may be widelyapplied in the criminal investigation, along with it has put forward higherrequirements of investigators and hardware facilities. Hardware facilities lag behindthe reality of the lack of technical investigators will hinder the application of thetechnical investigation. Perspective Faced with all these problems, the paper trying touse the new Code of Criminal Procedure, applicable object from the investigation ofreasonable restrictions, Giving the Procuratorate investigation rights, improve theprocedural requirements of the technical investigation, improve the supervision of theprosecution rights and improve relevantthe support mechanisms begin, trying to comeup with strategies to solve the technical investigation system in China may faceproblems in the application of.The article includes two parts: the introduction and body. Introduction is the first chapter of this article, including the origin of the topics, research status, researchmethods and related words Interpretation four elements, lay the foundation for thewriting of the article. The body is divided into four chapters. The second chapterdiscusses the investigation of the meaning and the history of technology. The thirdchapter is a summary of the main contents of the technical investigation of theCriminal Procedure Law, and discusses the characteristics of our technicalinvestigation on this basis. Chapters IV and V is the key part of the article. Chapter IVis based on our technical investigation system of law and the judicial status quo.Speculated that the problem may be encountered in our technical investigation applies.And the Fifth chapter proposes coping strategies.
Keywords/Search Tags:Technical Investigation System, The new Code of Criminal Procedure, Privacy, Probable Cause
PDF Full Text Request
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